§ 25.220   Non-routine transmit/receive earth station operations.

   (a) The requirements in this section apply to applications for, and
   operation of, earth stations transmitting in the conventional or
   extended C-bands, the conventional or extended Ku-bands, the
   24.75-25.25 GHz band, or the conventional Ka-band that do not qualify
   for routine licensing under relevant criteria in § 25.138, § 25.211,
   § 25.212, § 25.218, § 25.221(a)(1) or (a)(3), § 25.222(a)(1) or (a)(3),
   § 25.226(a)(1) or (a)(3), or § 25.227(a)(1) or (a)(3).

   (b) Applications filed pursuant to this section must include the
   information required by § 25.115(g)(1).

   (c) [Reserved]

   (d)(1) The applicant must submit the certifications listed in
   paragraphs (d)(1)(i) through (d)(1)(iv) of this section. The applicant
   will be authorized to transmit only to the satellite systems included
   in the coordination agreements referred to in the certification
   required by paragraph (d)(1)(ii) of this section. The applicant will be
   granted protection from receiving interference only with respect to the
   satellite systems included in the coordination agreements referred to
   in the certification required by paragraph (d)(1)(ii) of this section,
   and only to the extent that protection from receiving interference is
   afforded by those coordination agreements.

   (i) [Reserved]

   (ii) A statement from the satellite operator that it has coordinated
   the operation of the subject non-conforming earth station accessing its
   satellite(s), including its required downlink power density based on
   the information contained in the application, with all adjacent
   satellite networks within 6° of orbital separation from its
   satellite(s), and the operations will operate in conformance with
   existing coordination agreement for its satellite(s) with other
   satellite systems, except as set forth in paragraph (d)(4) of this
   section.

   (iii) A statement from the satellite operator that it will include the
   subject non-conforming earth station operations in all future satellite
   network coordinations, and

   (iv) A statement from the earth station applicant certifying that it
   will comply with all coordination agreements reached by the satellite
   operator(s).

   (2) Unless the non-routine uplink transmission levels are permitted
   under a coordination agreement with the space station operator, or
   unless coordination with the operator is not required pursuant to
   § 25.140(d)(3) or (d)(4), the operator of an earth station licensed
   pursuant to this section must reduce its transmitted EIRP density to
   levels at or within relevant routine limits:

   (i) Toward the part of the geostationary orbit arc within one degree of
   a subsequently launched, two-degree-compliant space station receiving
   in the same uplink band at an orbital location within six degrees of
   the earth station's target satellite, and

   (ii) Toward a two-degree-compliant space station receiving in the same
   uplink band at an orbital location more than six degrees away from the
   target satellite if co-frequency reception by the space station is
   adversely affected by the non-routine earth station transmission
   levels.

   (3) In the event that a coordination agreement discussed in paragraph
   (d)(1)(ii) of this section is reached, but that coordination agreement
   does not address protection from interference for the earth station,
   that earth station will be protected from interference to the same
   extent that an earth station that meets the requirements of § 25.209 of
   this title would be protected from interference.

   (4) Notwithstanding paragraph (d)(1)(ii) of this section, a party
   applying for an earth station license pursuant to this section will not
   be required to certify that its target satellite operator has reached a
   coordination agreement with another satellite operator whose satellite
   is within 6° of orbital separation from its satellite in cases where
   the off-axis EIRP density level of the proposed earth station
   operations will be less than or equal to the levels specified by the
   applicable off-axis EIRP envelope set forth in § 25.218 of this chapter
   in the direction of the part of the geostationary orbit arc within 1°
   of the nominal orbit location of the adjacent satellite.

   (e)-(f) [Reserved]

   (g) Applicants filing applications for earth stations pursuant to this
   section must provide the following information for the Commission's
   public notice:

   (1) Detailed description of the service to be provided, including
   frequency bands and satellites to be used. The applicant must identify
   either the specific satellites with which it plans to operate, or the
   eastern and western boundaries of the geostationary satellite orbit arc
   it plans to coordinate.

   (2) The diameter or equivalent diameter of the antenna.

   (3) Proposed power and power density levels.

   (4) Identification of any rule or rules for which a waiver is
   requested.

   [ 70 FR 32256 , June 2, 2005, as amended at  72 FR 50030 , Aug. 29, 2007;
    73 FR 70902 , Nov. 24, 2008;  74 FR 57099 , Nov. 4, 2009;  78 FR 14927 ,
   Mar. 8, 2013;  79 FR 8324 , Feb. 12, 2014;  81 FR 55341 , Aug. 18, 2016;  83 FR 34491 , July 20, 2018]

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